632 ANDREWS v. SCOTTON.

veyor who was then engaged in running out an adjoining tract;
that Anderson voluntarily, without any misrepresentation by the
trustee, had executed the written contract under his hand and seal,
of which the following is a true copy:

'Memorandum of a bargain made and concluded upon the 28th
day of August, A. D. 1822, between Ashur Foulke, trustee ap-
pointed to sell the estate of Stephen Scotton, deceased, of the one
part, and Samuel Anderson, of Anne Arundel county, of the other
part, witnesseth, that the said Ashur Foulke hath sold to the said
Samuel Anderson, his heirs and assigns, all that tract of land, late
the property of said S. Scotton, deceased, as aforesaid, supposed to
contain one hundred and forty acres, be it more or less, at f 11 per
acre, he, the said Samuel Anderson, is to pay one-third of the
purchase money down, and the remainder in two equal annual
instalments, with interest; for which, notes are to be given, with
approved security; and when paid, the said Ashur Foulke is to
make and execute a title or deed, to him the said Samuel Ander-
son, his heirs and assigns for ever.'

The time for hearing this matter, with the leave to take testi-
mony, was, by an order of the 26th of November, 1822, extended
to the second day of January following. After which, the case
was again brought before the court, and on motion,

8th January, 1823.—JOHNSON, Chancellor.—Ordered, that the
surveyor of Anne Arundel county, lay down any land that may be
directed by either of the parties, for the better illustration of the
matter in controversy; and to ascertain the land and the quantity
thereof, that was sold by the trustee. And that depositions be
taken on the survey, that either of the parties may direct.

Under this order the surveyor laid down the lands as directed,
and on the 19th of March, returned a plot and certificate of the
surveys he had made; and the parties having filed sundry deposi-
tions taken under the previous order, the matter was brought on
for hearing.

17th April, 1823.—JOHNSON, Chancellor.—It is alleged by the
petitioner, that Ashur Foulke, the trustee, under a decree for the
sale of the real estate of Stephen Scotton, sold to the petitioner,
part of a tract of land called Duvall's Delight, supposed to contain
one hundred and forty acres, at $ 11 per acre; that at the time of
the sale, the trustee represented a piece of woodland, on the north
side of the said tract of land, as part of the said tract called Du-